The federal act allows the court to declare the rights of any interested party.. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Co. v. Sweatt, 978 S.W.2d 267 (Tex. See McCarthy Bros. Co. v. Continental Lloyds, 7 S.W.3d 725 (Tex. Ins. In Chiriboga v. State Farm Mut. Dallas, TX 75201 One reason proffered is the possibility of inconsistent outcomes. Suite 1400 for Declaratory Judgment at 3. App.Texarkana 1994, no writ) (possibility that liability triggering indemnity would be incurred was a feature hypothetical event, and court had no power to pass upon hypothetical or contingent situation); Fort Worth Lloyds v. Garza, 527 S.W.2d 195 (Tex. Over the past few decades, Texas family lawyers have engaged in a legal fiction: Let's tie a bow around the package of a partition and exchange agreement by seeking to have the agreement made the subject of a declaratory judgment action. 1997); Heyden Newport Chemical Corp. v. So. denied); see also State Farm Fire & Cas. 1, eff. "A declaratory judgment is appropriate only when there is a justiciable controversy about the rights and status of the parties, and the declaration would resolve the controversy." (Kinnard v. Collin Co Bail Bond (2006) No. The insurer refused to pay the judgment, on the basis that the insureds conduct constituted a willful violation of a penal statute, and was thus excluded by the policy. (auto liability insurer seeking declaratory relief was not subject to cross-action by injured party, or consolidation of liability and coverage suit); see also Firemans Ins. Ins. Co. v. Ochoa, 19 S.W.3d 452 (Tex. App.Dallas 1998, pet. Estates Construction Lane-Jones v. Estate of Not Reported in S.W.3d Houston (14th Dist.) R. CIV. 3 0 obj ); Taylor v. State Farm Lloyds, 2003 Tex. Sherry does this through creating and teaching online digital courses, speaking, webinars, and workshops. ("[B]ecause the trial court judgment rests upon the specific grounds set out in the findings of fact and conclusions of law that accompany the judgment, we are not permitted to assume omitted findings or conclusions necessary to any other grounds for the judgment, even . Group, Inc., 946 F.Supp. App.Dallas 2001, pet. (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. Ins. See, e.g., Cook v. Ohio Cas. See Fed. P., also addresses declaratory judgments, by reference to 28 U.S.C. . 1787), Sec. 1978). 1271 (N.D. Tex. App.San Antonio 1998, pet. LEXIS 7550 (Tex. POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. 37.002. 7 0 obj Civ. Texas Pattern Jury Charges, published by the State Bar of Texas, is a compilation of definitions, jury instructions, and supplemental material, intended to assist practitioners with developing jury charges. See Employers Cas. A trial court has discretion to enter declaratory judgment if it will serve a useful purpose or will terminate the controversy between the parties. Id. Olympic Financial Group, Inc., ("Olympic Financial") and Abdulaziz Sugule appealed a judgment dismissing their declaratory judgment action without prejudice after the district court granted the Department of Financial Institutions' ("Department") motion to dismiss. (1) a party seeking declaratory relief that is a business that is: (A) organized under the laws of this state or is otherwise owned by a resident of this state; or (B) a retailer registered with the comptroller under Section 151.106, Tax Code; and (2) a responding party that: (A) is an official of another state; and You want to get the most out of these motion arguments, so make sure you do step 1 and 2 as well. The district court dismissed the indemnification issue, but granted judgment on defense, based on the extrinsic evidence. Co. v. Fraiman, 514 S.W.2d 343, 346 (Tex. The court noted that the Griffin exception did not apply, but that a justiciable controversy existed, as the judgment clarified the rights of the parties under the contract; especially because the policy includes a provision under which Ranger could be relieved of its duty to defend by tendering its limits. 1997), the Supreme Court reaffirmed the complaint allegation rule, with dicta suggesting that the exception for extrinsic evidence would be narrowed. 37.002 (b) (Vernon 2008); see Bonham State Bank, 907 S.W.2d at 467; Indian Beach Property Owners' Ass'n v. Eskew, 731 S.W.2d 124, 132 (Tex.App.-Austin 1987, writ ref'd n.r.e.) For years, Texas courts concluded that a declaration of indemnity was premature, until the underlying suit was resolved. Prac. 2201, and further provides for a jury trial. (4) to determine rights or legal relations of an independent executor or independent administrator regarding fiduciary fees and the settling of accounts. ); State Farm Lloyds Ins. 131 (E.D. Acts 1985, 69th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. St. Paul had also appealed the original award to state district court, and that suit had also been settled, with a provision for payment of future expenses. Co., 542 S.W.2d 429 (Tex. [iii] Ibid Uniform Declaratory Judgments Act, [iv]Ibid Uniform Declaratory Judgments Act, [v] Ibid Uniform Declaratory Judgments Act, [vi] Ibid Uniform Declaratory Judgments Act. 37.002 provides that the chapter is remedial: Its purpose is to settle and to afford relief from uncertainty and in security with respect to rights, status, and other legal relations; and it is to be legally construed and administered. The Act does not create or enlarge jurisdiction. denied); State Farm Lloyds v. Tex. to prevent: 1. litigation, 2. loss, 3. debt, 4. damage (injury), and 5. penalties! Tuesday, February 28, 2023. denied), the court held it was permissible, and not purely advisory, to determine the number of occurrences involved in the underlying litigation. Therefore, either diversity or federal question jurisdiction must still exist. Co., 316 U.S. 491 (1942); Wilton, 515 U.S. 277. She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. ***It is your responsibility to make sure that this is appropriate for your individual case. Indemnity, on the other hand, is based on actual facts and should always be subject to extrinsic evidence. CIV. The Motion: a) May be filed by a defending party any . 1992), cert. Google it and find out how your State has interpreted this remedy. The court recognized that the insurer was defending, but the coverage issue would not be litigated in the underlying case, so declaratory relief was appropriate. These rules govern the procedure for obtaining a declaratory judgment under 18 U.S.C. The abundance of case law allowing extrinsic evidence, however, suggests that the exception will continue. The policy provided limits of $100,000 per occurrence and $200,000 in the aggregate. 1969); Getty Oil v. Ins. If a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. Am., 845 S.W.2d 794, 801 (Tex. 3. COSTS. (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. Auto Ins. App.Corpus Christi 2003, no writ). Tex. 37.003. History of Declaratory Judgments The history of declaratory judgments began in the U.S. in the early 1900s. Tex. Cty. Defense counsel may, nonetheless, have protected certain information from disclosure, for fear that it was effect coverage, and violate counsels own ethical obligations. Federal Jurisdiction Issues A. Diversity Jurisdiction 1. 2003) (finding Texas allows only narrow exception); but see Gonzales v. American States Ins. Co. v. Ward, 107 S.W.3d 820 (Tex. The court in Griffin relied upon a change in the Texas Constitution, expanding the scope of district court jurisdiction and eliminating the minimum amount in controversy. VERHOEV V.PROGRESSIVE COUNTY MUTUAL INS.CO., 300 S.W.3D 803 (TEX.APP.. - FT.WORTH 2009) Personal auto policy Glenn and Kim Verhoev both named insureds $250,000 limits (UM/UIM) Divorced prior to issuance of policy and accident Kim injured severely in a single vehicle roll over as a passenger in a vehicle driven and owned by Glenn Kim pursued both a liability claim against Glenn Read this complete Texas Estates Code - EST 257.101. The woman appealed, arguing the evidence was factually insufficient to support the finding there was no mutual intent to be married. " (emphasis added)). 2000) (staying declaratory action because of motion to join insurer in state court liability suit). Where extrinsic evidence is offered, however, the scope of discovery should be broader. App.Austin 1998, no pet. 1968) (J. Smith, dissenting). Austin, TX 78746 1979, no writ) (not justiciable controversy); Boorhem-Fields, Inc. v. Burlington Northern Railroad Co., 884 S.W.2d 530 (Tex. McKee Foods Kingman v. Kellogg Co., 474 F. Supp . See, e.g., Stroop v. N. County Mut. <> Pursuant to 37.003, a declaration may be either affirmative or negative in form and effect. App.Dallas 1998, no pet.). 1993), cert. Prac. They cannot file an eviction suit before they give this notice in writing. The order, once it has been reduced to judgment (under Pa. R.A.P. App.Austin 1999, no pet.) 37.006. Can I Still File if I am already in Costly Litigation? (whether policy was void or loss was covered presented justiciable controversy); American States Ins. COPYRIGHT: All of the materials are copyrighted. App. Co. v. As with the state act, one of the exceptions allows a federal court to enjoin re-litigation in state court to protect or effectuate its judgments. See Royal Ins. See Firemans Ins. For our purposes, "litigation" refers to the filing and prosecuting of a real estate-related lawsuit, or defense against one, in the Texas county civil courts at law or the civil district courts. On the other hand, if the plaintiff engaged in fraud or misconduct designed to avoid service, the court may be able to set aside a default . The right to award costs and fees is discretionary, not mandatory. d) The court may also grant summary judgment against the moving party, if appropriate. Obviously, the nature of the coverage issue to be determined will also determine the scope of discovery. 2.401 (a) (West 2006) The dispute was over an unscheduled vehicle. Background This case involves a dispute over a . Irwin settled with Alonso's insurance carrier for the $30,000 policy limit. App.Fort Worth 1986, writ refd n.r.e.). 1993) (Colorado River factors inapplicable in declaratory judgment action); Granite State Ins. Even before the Texas Supreme Courts opinion in Griffin, federal courts recognized that indemnity presented an actual controversy and was justiciable, prior to judgment in the underlying liability suit. See, e.g., Ohio Cas. (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. Arbitration is not used very often in Texas family law cases. Ins. Code 6.305 (a) (1)- (2). A marriage might be void for other reasons, but not because the spouses are of the same sex. June 15, 2007. Co. v. Trejo, 39 F.3d 585, 590 (5th Cir. 37.008 provides that the court may refuse to render a declaratory judgment if the judgment would not terminate the uncertainty or controversy giving rise to the proceeding. denied). 30. When Is a Declaratory Judgment Proper? (no right to new trial because of amended petition where suit brought and determined based on prior petition). DEFINITION. In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. As a preliminary consideration, counsel for the insurer should be careful and selective in what is requested. One of the factors the courts will review is whether the declaratory action is filed in anticipation of a state court suit. Co., 981 S.W.2d 889 (Tex. SHORT TITLE, CONSTRUCTION, INTERPRETATION. % Ohio Cas. The focus is on the factual allegations that show the origin of damages, rather than the legal theories alleged. Co. v. Deering Mgmt. Under federal law, the Declaratory Judgment Act, itself, does not authorize attorneys fees. According to the Court of Appeals, a declaratory judgment under the UDJA is appropriate only if "a justiciable controversy exists as to the rights and status of the parties and the controversy will be resolved by the declaration sought," and the Act cannot be used to resolve a hypothetical or contingent situation. (B) A contract may be construed either before or after there has been a breach. (B) asserts a claim that the party seeking declaratory relief is required to collect sales or use taxes for that state based on conduct of the business that occurs in whole or in part within this state. 2d 601, 621-22 (E.D. 1998), overruled on other grounds, State Farm Fire & Cas. Co. v. Cowan, 945 S.W.2d 819 (Tex. 1995). App.Dallas 2001, pet. Code37.009 provides that in any proceeding under this Chapter, the court may award costs and reasonable and necessary attorneys fees as they are equitable and just.. Saint Paul, MN 55102 855, Sec. 1995, no writ); Employers Cas. 1995); but cf. at 468. In American Genl Fire & Cas. Although efforts are occasionally made, it is inappropriate for the insurer to be joined as a defendant in a liability suit. App.Houston [14th Dist.] 37.003. No. Sec. Declaratory relief is an especially appropriate method for resolving coverage disputes, because of the limited options available for resolution of such disputes. In Foust v. Ranger Ins. App.Houston [1st Dist.] The Texas Supreme Court concluded that 38.006 allowed recovery of attorneys fees for breach of contract unless attorneys fees are otherwise available. and Laju Patel Beaumont, Texas civil litigation lawyers represented Defendant accused of paying kickbacks. 1995). endstream endobj 141 0 obj <. App.Houston [14th Dist.] Texas follows the American Rule Co. v. Patriot Sec., Inc., 926 F.Supp. Corp. v. Vacuum Tanks, Inc., 975 F.2d 1130, 1133 (5th Cir. Ins. As Texas law remains uncertain regarding reimbursement of defense costs, and as many insureds are not financially capable of repayment, the defense issue may be rendered moot either practically or legally by delay. Ins. C.M.W., 53 S.W.3d 877 (Tex. declaratory judgment action or dismiss the case. App.Austin 1998, pet. App.Waco 1943, no writ); Superior Ins. The petition in the underlying suit was amended, however, and all references to alcohol were deleted. A declaration does not prejudice the rights of a person not a party to the proceeding. 1998). . App.Amarillo 1976, writ refd n.r.e. Co. v. Tandy Corp., 986 F.2d 94, 95 (5th Cir. 1993); American States Ins. Recent cases discussing the enforceability of policy buy-backs suggest there may be other exceptions in which a statutory insurance requirement renders a claimant an intended beneficiary. & Rem. 1991), affd in part, 961 F.2d 213 (5th Cir. There are a number of instances in which extrinsic evidence may be at issue: Extrinsic evidence may be used to show that the person sued does not qualify as an insured, or that the vehicle or equipment in issue is not insured. On appeal, HTC challenged: " (1) the district court's exclusion of three of HTC's requested jury instructions; (2) the district court's declaratory judgment that Ericsson had complied with . The declaratory action may also bring the coverage issues into focus for the plaintiff, and assist the insured in negotiating settlement. Despite the insurers right to review any such documents without waiver of the privilege, and the likelihood that defense counsels concerns would be abrogated by the right to conduct discovery, there is still a question as to what extent defense counsels opinions or observations would be relevant to coverage. 959, Sec. To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. SEGURA.POSTMACRO.3 (DO NOT DELETE) 6/19/2015 8:20 AM DISPUTING THE BOUNDARY OF THE DECLARATORY JUDGMENTS ACT Philip Thomas Segura* I. TRESPASS TO TRY TITLE OR DECLARATORY JUDGMENTS ACT Texas state law provides that "[a] trespass to try title action is the method of determining title to lands, tenements, or other real property."1 In Texas, this is the only method of resolving property . The purpose of a Declaratory Judgment is to protect you, your child, your relationship with your child, your property, and your money from your ex and the state: The purpose of the Act and its effect is to enable the citizen to procure from a court guidance which will keep him out of trouble and to procure that guidance with materially less expense than he would have to incur if he should wait until the trouble came before having recourse to the court.[iv], It concerns itself not only with contracts, but withrespect to titles to property, and particularly with the status of family relations, man and wife, parent and child, guardian and ward, and also with provisions of trust.[v], This act is declared to be remedial; its purpose it to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.[vi], Sec. 1995). <> On the other hand, the existence of another remedy, or unresolved issues, does not preclude declaratory relief. See, e.g., Wilton v. Seven Falls Co., 515 U.S. 277, 286 (1995). Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139 (Tex. at 368-69. Respondent contends the Supreme Court's holding in Obergefell v. Hodges, 576 U.S. 644 (2015), the "state courts are split as to whether the ruling (in Obergefell) applies retroactively to any marriage." Respondent's Mtn. & Ind. See Farmers Tex. Mut. App.Texarkana 1967, no writ) (auto excluded); International Serv. A federal anti-injunction also exists. 2001) (when lease obtained); Guaranty Natl Ins. Ins. Other Resources you might find helpful to help you get through the stress and emotional turmoil involved during the time that you have uncertainty and fear of losing your child and control over your life and your money: **It is your responsibility to prove that the PALMERS qualify as an expert in your state and can testify. The court, however, concluded this was not a county in which a substantial part of the facts giving rise to the coverage dispute arose. There are exceptions, of course. 1, eff. Sec. Why File a Declaratory Judgment in State Court? 1991). The award is subject to reversal only if it is arbitrary and unreasonable. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. 1364 (N.D. Tex. Id. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for." - Texas Uniform Declaratory Judgments Act Suite 300 The courts appear to be split, with federal courts being somewhat more lenient in allowing the use of extrinsic evidence in this circumstance. 1998) (holding that Texas Declaratory Judgment Act was not controlling, substantive law, and did not justify fee award to defendants). 504-526-4350, 408 St. Peter Street, Suite 510 ), the court held the county where the agent was located, the policy was sold, and the claim was reported, was not a proper venue. App. Determination of title is only dispute to be raised by declaratory judgment. See Bernard v. Gulf Ins. A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. Co. v. Quinn-L Capital Corp., 3 F.3d 877 (5th Cir. We do not guarantee or warrant any of this information. Houston, TX 77056 <> App.Texarkana 2003, pet. at 313. 1974, no writ). The court, in the coverage action, concluded that there was a conflict of interest and a lack of privity, and therefore the insurer was not collaterally estopped from re-litigating the existence of false imprisonment. ); Rice v. Alamo Rent-A-Car, Inc., 987 S.W.2d 231 (Tex. Contact Us if you have questions.). Id. A motion for declaratory judgment is an appropriate vehicle for determining the validity of a prenuptial agreement. 1992), cert. Where the insurer is providing a defense, it is a party to the attorney-client privilege, and can share in communications between the insured and defense counsel, without waiver. (although judgment reversed on coverage, no indication courts refusal to award fees to either party was abuse of discretion). (b) The declaration may be either affirmative or negative in form and effect, and the declaration has the force and effect of a final judgment or decree. ); but cf. Foust v. Ranger Ins. Co., 143 F.3d 192 (5th Cir. PRAC. As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements of a common law marriage. Protective orders are still relatively simple, and can usually be subject to an agreed motion in federal court. The Texas Civil Practice and Remedies Code Section 37.005. provides that: See, e.g., State Farm Fire & Cas. (2) the decisions of other courts interpreting Section 8, Article I, United States Constitution. Utica Lloyds of Tex. Citing the Travelers case, the court recited the relevant factors the court must consider in determining whether to dismiss a declaratory judgment action: 1) whether there is a pending state action in which all of the matters in controversy may be fully litigated; 2) whether the plaintiff filed suit in anticipation of a lawsuit filed by the defendant; 3) whether the plaintiff engaged in forum shopping in bringing the suit; 4) whether possible inequities in allowing the declaratory plaintiff to gain precedence in time or to change forums exist; 5) whether the federal court is a convenient forum for the parties and witnesses; 6) whether retaining the lawsuit in federal court would serve the purposes of judicial economy; and. Civ. See Bocquet v. Herring, 972 S.W.2d 19 (Tex. App.Houston [1st Dist.] "Since its inception, the Declaratory Judgment Act has been understood to confer on federal Through the years, many family lawyers have recommended taking additional steps to assure the sanctity of a partition agreement, including initiating a declaratory judgment action to seek a. * Associate Professor of Law, Texas Tech University School of Law. Co., 502 S.W.2d 232 (Tex. Tex. Co., 96 S.W.3d 673 (Tex. Despite the complaint allegation rule, Texas courts have always recognized that there are circumstances in which the court must look to extrinsic evidence to determine whether a duty to defend exists. Group, Inc., 946 F.Supp. 959, Sec. There was also a declaration that the insurer owed neither defense nor indemnity to the wife. (b) This chapter is remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered. The insured was located in Hidalgo County, the car was purchased in Hidalgo County, and the salesman contacted the agent by phone, from Hidalgo County, to add the car to the policy. The issue becomes more murky when allegations triggering coverage are alleged, but are in conflict with the actual facts. E.g., Cluett v. Medical Protective Co., 829 S.W.2d 822, 826 (Tex. 1993) (whether accident arose from liquor liability); Acceptance Ins. 2010), Sec. In older cases, courts allowed broad introduction of extrinsic evidence in a declaratory judgment context. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. See, e.g., Dairyland County Mut. denied); Ranger Ins. A person interested as or through an executor or administrator, including an independent executor or administrator, a trustee, guardian, other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust or of the estate of a decedent, an infant, mentally incapacitated person, or insolvent may have a declaration of rights or legal relations in respect to the trust or estate: (1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; (2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; (3) to determine any question arising in the administration of the trust or estate, including questions of construction of wills and other writings; or. 1997)2; see also State Farm Lloyds v. For more information, please contact the law firm at 817-335-8800. As a general rule, only one final judgment may be signed in a lawsuit (note, thought, that this rule does not always apply in probate and family law cases). However, because family settlement agreements are treated as contracts under Texas law, it is important that all of the parties . The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. Co., 767 F.Supp. In Wade, the insurer argued that it was not challenging the veracity of the facts alleged, but had a defense independent of the pleadings. 37 Declaratory Judgments Texas Family Law Manual KFT 1294.T4S7 Ch. 19821 DECLARATORY JUDGMENTS IN TEXAS their statutory law. Volumes are organized by broad practice area and are generally sold individually, since few practitioners have need for all of them. Civ. 37.006, TEX. ydXOEp Pzz2 -Ia5D(eUE02Xd#zG5 ;}srmVY9c~Vqz6#tUy/`ck$cVpxKCoo,}o{T#@TQ]%5|@Rtx~K9jptm> oL 1983). Rule 57, FED. An advantage to arbitration may be the possibility of a quicker trial date, quicker final resolution, and privacy, but arbitration rulings are usually consid-ered final and cannot be appealed. 1996) (insurer not estopped from litigating employment issue). Still, there are often strategic benefits to filing early. declaratory judgment: Statutory remedy for the determination of a Justiciable controversy where the plaintiff is in doubt as to his or her legal rights. See State Farm Mut. Ins. (providing a "court . denied); cf. Co., 996 S.W.2d 207 (Tex. (c) The enumerations in Sections 37.004 and 37.005 do not limit or restrict the exercise of the general powers conferred in this section in any proceeding in which declaratory relief is sought and a judgment or decree will terminate the controversy or remove an uncertainty. A fee award is not mandatoryunder the UDJA . See Bailey, 133 F.3d at 369 n.4; Travelers Ins. Unfortunately, while 38.001, et seq., may allow recovery of attorneys fees by the insured, in a proper case, it provides no basis for recovery of fees by an insurer. (c) This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. The purpose of the Declaratory Judgments Act is "to settle and afford relief from uncertainty and. The crop-dusting involved only one flight, but several passes during which herbicide was released, and during which wind direction and velocity varied. App.El Paso 1976, writ refd n.r.e.) endobj Copyright 2013 - 2023. stream & Rem. In Gonzales v. American States Ins. Co. of N. dismd, 507 U.S. 1026 (1993); cf. LEXIS 7982 (Tex. . declaratory judgment be granted as requested herein, and Plaintiff be awarded costs and reasonable and necessary attorney's fees, and for such other and further relief that may be awarded at law or in equity. Sherry attributes successfully developing the most powerful tools and a five-stage formula to assist attorneys and pro se parents get better results and fight legal abuses that occur in the family court settings. Sec. Sec. As au- Co. v. Trejo, 39 F.3d 585 (5th Cir. 1, eff. Group v. Lou-Con, Inc., 293 F.3d 908 (5th Cir. 7) whether the federal court is being called on to construe a state judicial decree involving the same parties and entered by the court before whom the parallel state suit between the same parties is pending. 2 . LEXIS 7088 (Tex. Instead, plaintiffs alleged River Entertainment was negligent for allowing the defendant to leave, in his own vehicle, when they should have known his driving ability was impaired. Rules 38 and 39 govern a demand for a jury trial. A court may not, however, refuse to exercise jurisdiction on the basis of a whim or personal disinclination. See, e.g., St. Paul Ins. A Declaratory Judgment allows you to establish with your court what your rights are before you take steps which might involve you in costly litigation. App. 37.009. Issues also arise, when the underlying case is still proceeding, as to the extent to which the insurer can discover information which could also be relevant, and potentially damaging, in the underlying liability suit.